Cohabitation Agreement Template

In this Agreement, the following capitalized terms shall have the meanings set out below, and such meanings shall apply equally to the singular and plural forms of the terms defined.

"Cohabitation" means the Partners' living together as a couple in the same residence on a continuing basis, in a relationship of mutual personal commitment, without being married to each other or party to any registered partnership or equivalent status.

"Shared Residence" means the dwelling situated at [address], whether held by the Partners under a Tenancy or owned by one or both Partners subject to a Mortgage, together with any replacement dwelling that the Partners may agree in writing to treat as the Shared Residence for the purposes of this Agreement.

"Tenancy" means any lease, rental agreement, license or other right of occupation under which the Shared Residence is held from a landlord, and "Landlord" means the person granting such right.

"Mortgage" means any loan secured by a charge, lien or other security interest over the Shared Residence and used to acquire, improve or refinance it, together with all interest, fees and charges payable thereunder.

"Separate Property" means all assets, rights and interests owned by a Partner before the Commencement Date, or acquired by a Partner during the Cohabitation by gift, inheritance or bequest from a third party, or by compensation for personal injury, together with all assets acquired in exchange for, or with the proceeds of, any of the foregoing, and any income or growth thereon, unless the Partners agree otherwise in writing.

"Jointly Acquired Property" means any asset, other than the Shared Residence, acquired by either or both Partners during the Cohabitation using Contributions from either or both Partners and which the Partners have agreed, expressly or by their conduct as set out in this Agreement, to hold jointly or to treat as shared.

"Contribution" means the verifiable amount of money, or the agreed monetary value of other property, that a Partner has paid or provided toward the acquisition, improvement or preservation of an asset, as evidenced by bank records, receipts, or other documentary proof.

"Household Expenses" means the recurring costs of maintaining the Shared Residence and the shared household, including utilities, insurance, internet and telecommunications services, groceries, routine maintenance and repairs, local charges and any other costs that the Partners agree in writing to treat as shared, but excluding each Partner's personal expenses.

"Housing Costs" means the rent payable under a Tenancy or, where the Shared Residence is owned, the instalments of principal, interest and other charges payable under the Mortgage.

"Joint Account" means any bank or payment account opened in the names of both Partners for the purposes described in this Agreement.

"Commencement Date" means the date on which the Partners commence Cohabitation or the Effective Date, whichever is earlier, being [date].

"Separation" means the date on which either Partner delivers a Separation Notice to the other, or the date on which the Partners cease Cohabitation with the intention that it not resume, whichever occurs first.

"Separation Notice" means a written notice given by one Partner to the other in accordance with this Agreement stating that he or she wishes to end the Cohabitation.

"Fair Market Value" means the price that a willing buyer would pay a willing seller in an arm's-length transaction, as determined in accordance with this Agreement.

"Currency" means [currency], being the currency in which all sums under this Agreement shall be expressed and paid.

Headings are for convenience only and do not affect interpretation. References to sections are to sections of this Agreement. The words "including" and "includes" shall be construed without limitation. Any reference to a Partner includes his or her permitted successors and personal representatives.

The Partners enter into this Agreement to record their mutual understanding as to the financial and property consequences of their Cohabitation, so as to promote certainty, fairness and transparency between them, both during the Cohabitation and upon its end.

The Partners acknowledge that they are not married and do not intend, by entering into this Agreement or by living together, to create a marriage, a registered partnership, or any status carrying the rights and obligations attached to such relationships, except as may be mandatorily imposed by applicable law.

The Partners intend that, save as expressly provided herein, each Partner shall retain ownership and control of his or her Separate Property, and that property acquired jointly shall be owned in proportion to the Contributions made toward it.

The Partners intend that Housing Costs and Household Expenses shall be borne equally between them, irrespective of any difference in their respective incomes, subject to the terms of this Agreement.

The Partners acknowledge that this Agreement is intended to be a complete and binding statement of their arrangements concerning the subject matter hereof, and they intend it to be enforceable in accordance with its terms to the fullest extent permitted by applicable law.

The Partners further acknowledge that nothing in this Agreement shall be construed as a promise by either Partner to continue the personal relationship, and that either Partner may end the Cohabitation at any time in accordance with this Agreement.

This Agreement is made for personal purposes only and shall be interpreted in light of the intentions expressed in this section wherever its provisions are ambiguous.

This Agreement shall take effect on the Effective Date and shall apply to all matters arising from the Commencement Date, including matters arising from any period of Cohabitation before the Effective Date, to the extent expressly stated herein.

Unless earlier terminated in accordance with its terms, this Agreement shall continue in force for so long as the Partners continue the Cohabitation and thereafter until all rights and obligations arising from its termination have been fully performed.

This Agreement shall terminate upon the earliest of: the Separation of the Partners; the marriage of the Partners to each other, unless they agree in writing that this Agreement shall continue to apply; the death of either Partner, subject to the provisions of this Agreement expressed to survive; or the written agreement of both Partners.

A temporary absence of either Partner from the Shared Residence, including for work, study, travel, medical treatment or family reasons for a period not exceeding [number] months, shall not constitute Separation, provided that neither Partner has delivered a Separation Notice.

The provisions of this Agreement that by their nature are intended to survive termination, including those concerning Separate Property, Debts and Liabilities, division of property, disposition of the Shared Residence, confidentiality of financial information and dispute resolution, shall survive termination.

The termination of this Agreement shall not affect any right or liability that has accrued under it prior to termination.

Each Partner's Separate Property shall remain his or her sole and exclusive property, and the other Partner shall acquire no right, title, claim or interest in it by reason of the Cohabitation, the use of such property by both Partners, or any contribution of time, labor or money to its maintenance, except as expressly provided in this Agreement.

Each Partner has disclosed to the other the principal items of his or her Separate Property held as of the Effective Date, including real property, financial accounts, investments, business interests, vehicles, valuables and intellectual property, and each Partner shall be entitled to maintain a written inventory of the same, which may be signed or initialed by both Partners and kept by each of them.

Each Partner shall retain the sole right to manage, use, sell, encumber, give away or otherwise dispose of his or her Separate Property without the consent of the other Partner, and the other Partner shall execute such documents as may reasonably be required to give effect to any such disposition at the requesting Partner's cost.

Any income, rent, interest, dividends or appreciation derived from a Partner's Separate Property shall remain that Partner's Separate Property, unless deposited into a Joint Account or otherwise expressly contributed to Jointly Acquired Property, in which event the amount so contributed shall be treated as a Contribution of that Partner.

Where Separate Property is used to acquire, improve or reduce a debt secured upon any asset owned jointly or by the other Partner, the contributing Partner shall be credited with a Contribution in the amount so applied, which shall be recoverable in accordance with the provisions of this Agreement concerning proportional ownership and separation, and shall not be deemed to be a gift unless the contributing Partner so declares in writing.

Where Separate Property is mixed with jointly owned assets so that it can no longer be reasonably traced, the Partners shall, in the absence of agreement, determine the contributing Partner's interest by reference to documentary evidence of the amounts contributed.

Ordinary household items, furniture and appliances brought into the Shared Residence by a Partner shall remain that Partner's Separate Property, unless the Partners agree in writing that such items are to be treated as Jointly Acquired Property.

This section applies where the Shared Residence is held under a Tenancy. If the Shared Residence is owned by one or both Partners, the following section shall apply instead.

The Tenancy shall be held in the name of [the First Partner / the Second Partner / both Partners jointly]. Regardless of the identity of the named tenant or tenants, the Partners agree that as between themselves each Partner shall have an equal right to occupy the Shared Residence and an equal obligation to bear Housing Costs in accordance with this Agreement.

Where only one Partner is named as tenant (the "Named Tenant"), that Partner shall hold the benefit of the Tenancy, so far as the other Partner is concerned, on the terms of this Agreement, shall not surrender, terminate or fail to renew the Tenancy during the Cohabitation without giving the other Partner not less than [number] days' prior written notice, and shall use reasonable efforts to request that the Landlord add the other Partner as a named tenant if the other Partner so requests.

Each Partner shall comply with the terms of the Tenancy, shall not cause or permit any breach of it, and shall indemnify the other Partner against any loss, cost or liability arising from his or her own breach of the Tenancy or damage to the Shared Residence caused by him or her or his or her guests.

Any security deposit paid in connection with the Tenancy shall be treated as having been contributed by the Partners in the proportions in which they actually paid it, as evidenced by documentary proof, and shall be refunded, upon its release by the Landlord, to the Partners in those proportions, after deduction of any amount attributable to damage or breach caused by a Partner, which shall be borne by that Partner.

Upon Separation, the Partners shall cooperate in good faith to determine which of them shall remain in occupation of the Shared Residence, if any, in accordance with the section of this Agreement concerning disposition of the Shared Residence, and the departing Partner shall, where requested and where the Landlord so permits, be released from the Tenancy at the earliest practicable date.

Until a Partner who is not a Named Tenant vacates the Shared Residence following Separation, he or she shall continue to pay his or her share of Housing Costs and Household Expenses and shall be entitled to occupy the Shared Residence for a period of up to [number] days following delivery of the Separation Notice.

This section applies where the Shared Residence is owned by one or both Partners, whether or not subject to a Mortgage.

The Shared Residence shall be held in the name of [the First Partner / the Second Partner / both Partners as joint tenants / both Partners as tenants in common in the shares of [percentage] and [percentage]]. The legal title shall not by itself determine the beneficial interests of the Partners, which shall be determined in accordance with this section.

Where the Shared Residence was owned by a Partner before the Commencement Date, or is acquired using a Partner's Separate Property, that Partner shall be credited with the value of his or her equity in the Shared Residence as at the Commencement Date, or as at the date of acquisition, as the case may be, being [amount] in the Currency, together with the proportionate appreciation in value of that equity. Thereafter, each Partner's beneficial interest shall be determined in proportion to his or her aggregate Contributions to the purchase price, the principal reduction of any Mortgage, and any capital improvements.

Contributions toward the purchase price, deposit, stamp or transfer charges, capital improvements and reduction of principal under any Mortgage shall be recorded by the Partners in a written ledger, which may be maintained electronically and updated at least once every [number] months, and the Partners shall provide supporting documents upon reasonable request.

The Partners shall be jointly and severally liable to the lender under any Mortgage to which both are parties. As between themselves, however, each Partner shall bear one half of the periodic Mortgage instalments in accordance with this Agreement, and a Partner who pays more than his or her share shall be entitled to reimbursement from the other Partner upon demand.

Where only one Partner is the legal owner of the Shared Residence (the "Owner Partner"), the Owner Partner shall hold the beneficial interest of the other Partner, as determined under this section, upon trust or in a similar fiduciary capacity for the other Partner, and shall not sell, transfer or further encumber the Shared Residence without the prior written consent of the other Partner, which shall not be unreasonably withheld.

Neither Partner shall, without the other's written consent, increase, refinance, extend or otherwise vary any Mortgage in a manner that increases the other Partner's liability, or grant any further security over the Shared Residence.

Each Partner shall maintain buildings insurance on the Shared Residence, in an amount not less than its full reinstatement value, and shall ensure that the interests of both Partners are noted on the policy.

The Partners shall bear Housing Costs in equal shares, being 50 percent each, irrespective of their respective incomes, the identity of the named tenant or owner, or the proportion of the Shared Residence which each occupies.

The Partners shall likewise bear Household Expenses in equal shares, being 50 percent each. A Partner who has paid more than his or her equal share of Housing Costs or Household Expenses shall be entitled to reimbursement of the excess from the other Partner within [number] days of written request accompanied by reasonable supporting evidence.

Housing Costs and Household Expenses shall be paid, wherever practicable, from the Joint Account, into which each Partner shall deposit his or her equal share of the anticipated monthly total, being [amount] in the Currency per month per Partner, on or before the [day] day of each month, as adjusted from time to time by written agreement of the Partners.

Capital expenditure on the Shared Residence, including structural repairs, major appliances, renovations and improvements, shall be borne equally by the Partners, provided that any single item exceeding [amount] in the Currency shall require the prior written consent of both Partners. In the case of an owned Shared Residence, such expenditure shall be treated as a Contribution for the purposes of the section concerning ownership and mortgage arrangements, in the proportion in which it is actually funded.

The equal sharing of Housing Costs and Household Expenses shall be a settled arrangement between the Partners and, except for payments constituting capital Contributions to an owned Shared Residence, no payment made by one Partner in discharge of his or her equal share shall give rise to any claim for reimbursement, interest or credit upon Separation.

If a Partner is unable, through illness, involuntary loss of employment, parental leave or other bona fide cause, to pay his or her share for more than [number] consecutive months, the Partners shall consult in good faith on a temporary adjustment. Any share advanced by the other Partner during such period shall be a debt owed by the defaulting Partner, repayable within [number] months after the cause ceases, or on Separation, whichever is earlier, without interest unless the Partners agree otherwise in writing.

Each Partner shall pay his or her own personal expenses, including personal debts, clothing, personal insurance, personal travel, and personal subscriptions, from his or her own funds.

The Partners may open and maintain one or more Joint Accounts in their joint names for the payment of Housing Costs and Household Expenses and for such other shared purposes as they agree in writing. Unless otherwise agreed, each Joint Account shall require [the signature of either Partner / the signatures of both Partners] for withdrawals.

Funds in a Joint Account shall be used solely for the shared purposes for which it was opened. Neither Partner shall withdraw funds from a Joint Account for his or her personal use in excess of his or her own deposits to such account, save by agreement or in reimbursement of amounts the withdrawing Partner has properly paid for shared purposes.

As between the Partners, the balance of a Joint Account shall be owned by them in proportion to their respective net deposits into it, as evidenced by the account records. Where the Partners have made equal deposits, the balance shall be owned equally.

Each Partner shall retain the right to maintain one or more individual accounts in his or her sole name, the balances of which shall be that Partner's Separate Property, and neither Partner shall have any right of access to, or right to information concerning, the other's individual accounts, save as provided under the sections of this Agreement concerning disclosure and separation.

Each Partner shall have full online and statement access to each Joint Account and shall keep reasonably complete records of all payments made on behalf of the household. The Partners shall review the Joint Account statements together at least once every [number] months.

Neither Partner shall overdraw a Joint Account, borrow against it, or obtain credit in the joint names of the Partners without the other's prior written consent. Any overdraft or charge arising from a Partner's breach of this provision shall be that Partner's sole responsibility as between the Partners.

Upon Separation, each Joint Account shall be frozen to new standing orders other than those required to meet outstanding Housing Costs and Household Expenses, and the balance shall be divided in accordance with this Agreement and then closed.

Any asset acquired by either or both Partners during the Cohabitation with the intention that it be shared, including furniture, vehicles, electronic devices, investments and similar property, shall be Jointly Acquired Property, whether title is held by one or both Partners, provided that the Partners have recorded their intention in writing, which may include electronic messages, or that the asset was paid for from a Joint Account.

Jointly Acquired Property shall be owned by the Partners in proportion to their respective Contributions to its acquisition cost, and not in equal shares, unless their Contributions are equal. Where an asset is paid for in part from a Joint Account, the contributions to the Joint Account shall be attributed to the Partners in proportion to their net deposits into that account.

Where an asset is acquired by instalments, financing or on credit, the Contributions of each Partner shall be determined by the amounts actually paid by each toward the purchase price, including principal repayments, but excluding interest and finance charges, which shall be borne equally unless otherwise agreed.

The Partners shall endeavor to maintain a written schedule or electronic record of Jointly Acquired Property in which the value, date of acquisition, title holder and Contributions of each Partner are recorded, which shall be prima facie evidence of the Partners' respective interests, subject to correction for manifest error.

A Partner shall not sell, give away, pledge or otherwise dispose of Jointly Acquired Property, or any part of it, without the prior written consent of the other Partner. Any proceeds from a permitted disposal shall be shared in proportion to the Partners' respective interests.

Gifts made by one Partner to the other shall be the property of the recipient, but only where they are clearly intended as gifts, and a Partner's payment toward the other's Separate Property shall not be presumed to be a gift unless he or she has so declared in writing.

Expenses of insuring, maintaining and repairing Jointly Acquired Property shall be borne equally, as Household Expenses, unless the asset is used exclusively by one Partner, in which case that Partner shall bear them.

Each Partner shall be solely responsible for all debts and liabilities incurred by him or her before the Commencement Date, and for any debts incurred in his or her sole name during the Cohabitation for his or her personal purposes, and shall indemnify and hold harmless the other Partner against any claim arising from such debts.

Debts incurred jointly by the Partners, or by one Partner with the written consent of the other for the shared purposes of the household, including Housing Costs and Household Expenses, shall be borne equally between them, unless such debts relate to the acquisition of Jointly Acquired Property, in which case they shall be borne in proportion to the Partners' respective interests in that property.

Neither Partner shall have authority to bind the other, or to pledge the other's credit, without the other's prior written consent, save in respect of reasonable household necessities, and a Partner who exceeds such authority shall be solely liable for the resulting obligation.

Each Partner shall promptly inform the other of any claim, demand, judgment, enforcement action or insolvency proceedings which is brought against him or her and which may reasonably affect the Shared Residence or any Jointly Acquired Property.

Student loans, tax liabilities, fines, penalties, litigation costs and any obligations arising from a Partner's business activities, professional liability, or wrongful acts shall remain the sole responsibility of that Partner, whether incurred before or during the Cohabitation.

A Partner who pays a debt or liability which, under this Agreement, is the responsibility of the other Partner, whether to a creditor of both Partners or otherwise, shall be entitled to reimbursement in full from the other Partner on demand, together with reasonable costs of recovery.

Each Partner is responsible for his or her own tax obligations arising from income, gains or benefits received by him or her, and no tax liability of one Partner shall be borne by the other unless otherwise agreed in writing.

Either Partner may terminate the Cohabitation at any time, with or without cause, by delivering a Separation Notice to the other Partner in writing, stating the proposed date on which he or she will vacate the Shared Residence, which shall be not earlier than [number] days after the date of the notice, unless the Partners agree otherwise.

Within [number] days after Separation, each Partner shall deliver to the other a complete written statement of his or her Contributions, assets and liabilities relevant to this Agreement, supported by documents, and shall cooperate in good faith to settle all matters arising from Separation.

From the date of the Separation Notice until the completion of the matters set out in this Agreement, each Partner shall continue to pay his or her equal share of Housing Costs and Household Expenses in respect of the Shared Residence for so long as he or she remains an occupant, or remains liable to the Landlord or the lender, and neither Partner shall take any step to dissipate, conceal or dispose of Jointly Acquired Property or the Shared Residence.

Each Partner shall be entitled to remove his or her Separate Property from the Shared Residence within [number] days after Separation, at reasonable times and upon reasonable notice. Neither Partner shall remove, damage or destroy any property of the other Partner or any Jointly Acquired Property pending its division.

Following Separation, each Partner shall within [number] days cease to hold himself or herself out as having authority to act for the other, shall remove the other's name from any shared services or accounts where practicable, and shall use reasonable efforts to secure the release of the other from any shared obligations for which that Partner is to be solely responsible.

Neither Partner shall be entitled to any spousal-type maintenance, alimony, or periodic support from the other following Separation, and each Partner hereby waives any such claim to the fullest extent permitted by applicable law, save that nothing in this Agreement shall limit the rights of any child of the Partners or any obligation that the law makes mandatory.

The Partners shall treat all information obtained about each other in the course of the Separation as confidential, and shall conduct themselves in a civil manner in all dealings concerning it.

Upon Separation, the Partners shall determine the disposition of the Shared Residence in accordance with this section, and each Partner shall have the rights set out below, which shall be exercised in good faith.

Where the Shared Residence is held under a Tenancy, the Partner who is entitled to remain (as agreed or, failing agreement within [number] days, the Named Tenant, or if both are named tenants, as determined in accordance with the section on dispute resolution) shall assume sole responsibility for the Tenancy and the Housing Costs from the agreed date, and shall use reasonable efforts to obtain the Landlord's consent to the release of the departing Partner. The departing Partner shall be entitled to the return of his or her share of the security deposit upon its release.

Where the Shared Residence is owned, either Partner may, within [number] days after the Separation Notice, give written notice to the other (a "Buy-Out Notice") of his or her wish to purchase the other Partner's interest in the Shared Residence. If both Partners give a Buy-Out Notice, the Partner who gave his or her Buy-Out Notice first shall have priority, and if the notices are given on the same day, the Partners shall be entitled to submit sealed written offers, with the higher offer prevailing.

The price for the buy-out shall be the selling Partner's proportionate interest in the Shared Residence, determined in accordance with the section on ownership and mortgage arrangements, applied to the Fair Market Value, less the selling Partner's share of any outstanding Mortgage and reasonable costs of sale which would have been incurred. The Fair Market Value shall be determined by [an independent qualified valuer agreed upon by the Partners / failing agreement within [number] days, the average of the valuations of two independent qualified valuers, one appointed by each Partner]. The cost of valuation shall be shared equally.

The buying Partner shall, within [number] days after determination of the price, pay the price to the selling Partner, and shall at the same time secure the release of the selling Partner from all liability under the Mortgage, whether by refinancing, discharge or lender's written release. The selling Partner shall execute all transfer documents necessary to complete the buy-out, upon receipt of payment and release.

If neither Partner gives a Buy-Out Notice, or if the buying Partner fails to complete the buy-out within the time allowed, the Shared Residence shall be placed on the market for sale at a price recommended by a qualified agent within [number] days. The net proceeds, after discharging the Mortgage, costs of sale and any taxes, shall be distributed in accordance with the Partners' respective beneficial interests.

If the buying Partner defaults in completing the purchase, the other Partner may either elect to purchase the defaulting Partner's interest on the same terms within [number] days or require the sale of the Shared Residence under the preceding clause, and the defaulting Partner shall bear the reasonable costs caused by the default.

Pending completion of any buy-out or sale, the Partners shall continue to bear Housing Costs in accordance with this Agreement, and the Partner remaining in occupation shall maintain the Shared Residence in good repair and keep it insured.

Upon Separation, the Partners shall divide Jointly Acquired Property in accordance with this section. Each Partner shall first retain or receive his or her Separate Property, which shall not form part of the division.

Each item of Jointly Acquired Property shall be divided, or its value allocated, in proportion to the Partners' respective interests determined in accordance with this Agreement, and not in equal shares unless their interests are equal.

The Partners shall endeavor to agree in writing, within [number] days after the Separation, on which Partner shall retain each item of Jointly Acquired Property, with a balancing payment in the Currency to the other Partner reflecting the value of his or her interest. Failing agreement on a particular item, each Partner shall be given an opportunity to nominate items in alternating turns, the first choice being determined by lot.

The value of an item of Jointly Acquired Property shall be its Fair Market Value as at the date of Separation, as agreed between the Partners or, failing agreement, as determined by an independent valuer in accordance with the same procedure as is provided for the Shared Residence. Items of nominal value, being below [amount] in the Currency, may be allocated without valuation.

Any item of Jointly Acquired Property that cannot be fairly divided, or which neither Partner wishes to retain, shall be sold at a fair price, and the net proceeds shall be shared in proportion to the Partners' interests.

The balance of each Joint Account shall be divided in proportion to the Partners' net deposits, after payment of all outstanding shared obligations.

Any balancing payment due under this section shall be paid within [number] days after the allocation is agreed or determined, and any sum not paid when due shall bear interest at the rate of [percentage] per annum from the due date until paid in full.

Upon the death of a Partner (the "Deceased Partner"), this Agreement shall terminate, except for those provisions expressed or intended to survive, and the Deceased Partner's Separate Property shall pass in accordance with his or her will or the applicable law of succession, and not by virtue of the Cohabitation.

The surviving Partner shall be entitled to retain his or her Separate Property and his or her share of Jointly Acquired Property and the Shared Residence, determined in accordance with this Agreement, and the personal representatives of the Deceased Partner shall be entitled to the Deceased Partner's corresponding share, which shall be dealt with as part of the Deceased Partner's estate.

Where the Shared Residence is held under a Tenancy, the surviving Partner shall be entitled to remain in occupation, subject to the terms of the Tenancy, for a period of not less than [number] days following the death, and the estate of the Deceased Partner shall remain liable for its equal share of Housing Costs for that period.

Where the Shared Residence is owned, the surviving Partner shall have a right of first refusal to purchase the Deceased Partner's interest from his or her estate, on the terms of the buy-out provisions of this Agreement, applied with the necessary changes, by giving written notice to the personal representatives within [number] days after the grant of authority to administer the estate. This right shall not apply if the Shared Residence passes to the surviving Partner by survivorship or by the will of the Deceased Partner.

Each Partner is encouraged to make a will and to review beneficiary designations on insurance and pension arrangements, and nothing in this Agreement shall operate as a will, a gift on death, or a waiver of any right in the other's estate that cannot lawfully be waived by agreement.

If a Partner becomes incapacitated, being unable by reason of illness or injury to manage his or her affairs, as certified in writing by a qualified medical practitioner, the other Partner shall have no authority to act for the incapacitated Partner except as expressly granted by a valid power of attorney, guardianship order or similar instrument, but shall continue to be bound by this Agreement, which shall continue to bind the incapacitated Partner's legal representative.

During any incapacity, Housing Costs and Household Expenses shall continue to be shared equally, the incapacitated Partner's share being paid from his or her assets by his or her legal representative, and the Partner not incapacitated shall not be required to bear more than his or her own share, but may advance the other's share, subject to reimbursement.

Each Partner acknowledges that he or she has been advised to obtain, and has had a full and fair opportunity to obtain, independent legal advice from a lawyer of his or her own choosing regarding this Agreement, its nature and effect, and that each has either obtained such advice or has voluntarily decided not to do so.

Each Partner confirms that he or she has read and understood this Agreement in its entirety, that it has been explained to him or her to his or her satisfaction, and that he or she is entering into it freely and voluntarily, without duress, coercion, undue influence or misrepresentation.

Each Partner has disclosed to the other, to the best of his or her knowledge, a full and fair account of his or her income, assets, debts and financial obligations as at the Effective Date, and each Partner warrants that such disclosure is complete and accurate in all material respects.

Each Partner acknowledges that the other Partner has relied on such disclosure in entering into this Agreement, and that a material misstatement or omission shall entitle the Partner who relied on it to seek an adjustment or remedy as may be appropriate, including a variation of the division of property to the extent of the undisclosed or misstated item.

Each Partner shall, during the Cohabitation and upon Separation, promptly disclose to the other any material change to his or her financial circumstances which affects the operation of this Agreement, including the receipt of any substantial inheritance, the incurrence of significant debt, or the acquisition or disposal of significant assets, within [number] days after the change.

Each Partner shall bear his or her own legal fees incurred in the negotiation and execution of this Agreement, and neither shall be required to contribute to the other's costs of obtaining legal advice.

A Partner who has not obtained independent legal advice shall not be entitled to challenge the validity or enforceability of this Agreement on the ground that he or she lacked such advice.

The Partners shall review this Agreement together at least once every [number] years, and upon the occurrence of any of the following events: the birth or adoption of a child; the purchase or sale of the Shared Residence; a material change in the income or employment of either Partner; or a relocation to a different jurisdiction.

No amendment, variation or waiver of this Agreement shall be effective unless it is in writing, is expressly stated to amend this Agreement, and is signed by both Partners, and, where required by applicable law for validity or enforceability, witnessed or notarized.

Any amendment shall be preceded by the same financial disclosure as is required under this Agreement, and each Partner shall be given the opportunity to obtain independent legal advice before signing.

If the Partners marry each other, enter into a registered partnership with each other, or otherwise change their legal status, they shall, within [number] days, review this Agreement and determine whether it shall continue, be amended, or be replaced by a new agreement. Pending such a determination, this Agreement shall continue to apply to the extent permitted by law.

The inventory of Separate Property and the record of Jointly Acquired Property and Contributions may be updated from time to time by the Partners by written note signed or initialed by both, without the need to amend this Agreement as a whole.

A failure by the Partners to conduct a review shall not affect the validity or enforceability of this Agreement.

This Agreement shall be governed by and construed in accordance with the laws of [governing jurisdiction], without regard to its conflict of laws principles.

The Partners shall first attempt to resolve any dispute, controversy or claim arising out of or relating to this Agreement, including its formation, interpretation, performance, breach or termination (a "Dispute"), by good-faith discussions. Either Partner may initiate such discussions by written notice describing the Dispute in reasonable detail.

If the Dispute is not resolved within [number] days after the notice, the Partners shall refer it to mediation before a mediator agreed by both Partners or, failing agreement within [number] days, appointed by [appointing body]. The costs of the mediator shall be shared equally. Each Partner shall bear his or her own costs of participating in mediation.

If the Dispute is not resolved by mediation within [number] days after the mediator's appointment, either Partner may submit it to [binding arbitration under the rules of [arbitral institution] / the exclusive jurisdiction of the courts of [jurisdiction]]. Where arbitration is chosen, the seat shall be [city], the language shall be English, and the tribunal shall consist of [one / three] arbitrator(s).

Nothing in this section shall prevent either Partner from seeking urgent interim or injunctive relief from a court of competent jurisdiction in order to preserve the Shared Residence or any Jointly Acquired Property, or to prevent irreparable harm, pending the resolution of the Dispute.

The Partners agree that the proceedings under this section, and any information disclosed in them, shall be kept confidential, except to the extent disclosure is required by law or necessary to enforce a determination.

Unless the mediator, arbitral tribunal or court determines otherwise, the unsuccessful Partner in any proceeding to enforce this Agreement shall bear the reasonable costs of the successful Partner, and each Partner shall continue to perform his or her obligations pending resolution of the Dispute.

This Agreement constitutes the entire agreement between the Partners with respect to its subject matter and supersedes all prior discussions, understandings, representations and agreements, whether written or oral, relating to the same.

If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be severed or modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

No failure or delay by a Partner in exercising any right under this Agreement shall operate as a waiver of that right, and no single or partial exercise of any right shall preclude any further exercise of it.

This Agreement is personal to the Partners and neither Partner may assign or transfer any of his or her rights or obligations hereunder without the prior written consent of the other, save that this Agreement shall bind and benefit the personal representatives, heirs and permitted successors of each Partner.

All notices under this Agreement shall be in writing and delivered by hand, by registered post, or by email with confirmation of transmission, to the address or email address of the receiving Partner set out in this Agreement, or such other address as he or she may notify. A notice shall be deemed received upon delivery if by hand, [number] days after posting if by registered post, and on the next business day after transmission if by email. Where the Partners live together, a notice delivered by hand shall be valid.

This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument.

Each Partner shall execute such further documents and do such further acts as the other may reasonably request in order to give full effect to this Agreement. Nothing in this Agreement shall limit the rights of any child of either Partner, or any right or obligation which cannot lawfully be limited by agreement.